CCLFR research seminar with Dr Kwan Ho Lau (Singapore Management University)Info Location Attendee Categories Contact More Info Event Information![]()
DescriptionEvent time: 11:00-12:00 Title: “Can Terms Implied By Law be Excluded? A Critical Examination” Abstract: In 2001, Elisabeth Peden concluded after some study that the process of implication in law was “correspondingly vague and lacking in definite principles”. Over two decades later, that characterisation remains accurate. The varied terminology in judicial use reflects an ambiguity over the normative position occupied by terms implied by law. That, in turn, has given rise to doctrinal and practical uncertainty in relation to the (non-)derogation of such terms and the standard against which any derogation should be scrutinised. This seminar will discuss how implication in law interacts with matters of intention, centrality and derogability, with the aim of advancing understanding of the proper ambit of exclusion of terms implied by law.
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Additional ItemsContacta.miglionico@reading.ac.uk More InformationBio Kwan Ho Lau is an Assistant Professor of Law at the Yong Pung How School of Law, Singapore Management University (SMU). He teaches and researches primarily in the law of contracts. Prior to joining SMU, he practised law in the M&A department of a major Singapore law firm, was in-house counsel at a sovereign wealth fund, and served in the Supreme Court of Singapore as a Justices’ Law Clerk. Kwan Ho’s research work has been cited by courts (including the Singapore Court of Appeal and the Hong Kong Court of Appeal), in law reform reports (e.g. Legal Services Regulatory Authority of Ireland), and in extra-judicial speeches by judges (including the Chief Justice of Singapore and the Judge-in-Charge of the English Commercial Court). He has given expert evidence on Singapore law in foreign court proceedings. |